Selected year snapshot
For 1993, the active event in this file is Copyright Act, 1957 (Act No. 14 of 1957).
60%
Current rationale
The most permissive research-relevant exception is Section 52(1)(a)(i), which provides for 'fair dealing with any work, not being a computer programme, for the purposes of private or personal use, including research.' Although this uses the term 'fair dealing' (which would normally cover any exclusive right, not just reproduction), the critical qualifier is 'private or personal use, including research.' The phrase 'private or personal use' restricts the beneficiary class to individuals acting privately/personally. Research is included as a subset of private or personal use, not as an independent purpose. This means the exception does not extend to institutional or collaborative use, and the 'private or personal' qualifier restricts the user class. Per the classification rules, a fair dealing clause explicitly qualified as 'private or personal' remains LIGHT BLUE, not GREEN. The exception covers all works except computer programmes (which would be ORANGE if it were the only restriction, but the user restriction to 'private or personal' is more restrictive in the hierarchy). Section 52(1)(i) permits reproduction of unpublished works kept in a library/museum for research, but this is a narrower institutional exception (PURPLE). Section 52(1)(o) permits making up to three copies of a book by a public library if the book is not available for sale in India — this is also institutional (PURPLE). The non-commercial restriction inherent in 'private or personal use' is classification-neutral. The exclusion of computer programmes from Section 52(1)(a) does not change the color because the user restriction (LIGHT BLUE) is already more restrictive than the work restriction (ORANGE) in the hierarchy.
Exceptions considered
Fair dealing with any work (not being a computer programme) for the purposes of private or personal use, including research
Fair dealing with any work (not being a computer programme) for the purposes of criticism or review
Reproduction of any unpublished work kept in a library, museum or other institution for the purpose of research or private study
Making of not more than three copies of a book (including a pamphlet, sheet of music, map, chart or plan) by or under the direction of the person in charge of a public library for the use of the library if such book is not available for sale in India
Law changes
Copyright Act, 1957 (Act No. 14 of 1957)
Baseline · Effective 1990-01-01
60%
Relevant section: Section 52(1)(a), Section 52(1)(i), Section 52(1)(o)
Dates: Effective 1990-01-01 · Enacted 1957-06-04
Why this score
The most permissive research-relevant exception is Section 52(1)(a)(i), which provides for 'fair dealing with any work, not being a computer programme, for the purposes of private or personal use, including research.' Although this uses the term 'fair dealing' (which would normally cover any exclusive right, not just reproduction), the critical qualifier is 'private or personal use, including research.' The phrase 'private or personal use' restricts the beneficiary class to individuals acting privately/personally. Research is included as a subset of private or personal use, not as an independent purpose. This means the exception does not extend to institutional or collaborative use, and the 'private or personal' qualifier restricts the user class. Per the classification rules, a fair dealing clause explicitly qualified as 'private or personal' remains LIGHT BLUE, not GREEN. The exception covers all works except computer programmes (which would be ORANGE if it were the only restriction, but the user restriction to 'private or personal' is more restrictive in the hierarchy). Section 52(1)(i) permits reproduction of unpublished works kept in a library/museum for research, but this is a narrower institutional exception (PURPLE). Section 52(1)(o) permits making up to three copies of a book by a public library if the book is not available for sale in India — this is also institutional (PURPLE). The non-commercial restriction inherent in 'private or personal use' is classification-neutral. The exclusion of computer programmes from Section 52(1)(a) does not change the color because the user restriction (LIGHT BLUE) is already more restrictive than the work restriction (ORANGE) in the hierarchy.
Exceptions considered
Fair dealing with any work (not being a computer programme) for the purposes of private or personal use, including research
Fair dealing with any work (not being a computer programme) for the purposes of criticism or review
Reproduction of any unpublished work kept in a library, museum or other institution for the purpose of research or private study
Making of not more than three copies of a book (including a pamphlet, sheet of music, map, chart or plan) by or under the direction of the person in charge of a public library for the use of the library if such book is not available for sale in India
Original text
52. (1) The following acts shall not constitute an infringement of copyright, namely,— (a) a fair dealing with any work, not being a computer programme, for the purposes of— (i) private or personal use, including research; (ii) criticism or review, whether of that work or of any other work; (iii) the reporting of current events and current affairs, including the reporting of a lecture delivered in public.
Source links
Copyright (Amendment) Act, 1994 (Act No. 38 of 1994)
Relevant update · Effective 1995-05-10
60%
Relevant section: Section 52(1)(a), Section 52(1)(ad)
Dates: Effective 1995-05-10 · Enacted 1994-12-29
Why this score
The 1994 Amendment Act introduced Section 52(1)(ad) permitting lawful possessors of computer programmes to make copies or adaptations for the purpose for which the programme was supplied, and back-up copies. This is relevant because Section 52(1)(a) excludes computer programmes from fair dealing. However, Section 52(1)(ad) does not specifically address research — it permits copying only for the purpose for which the programme was supplied or for back-up. It does not create a research exception for computer programmes. The core research exception remains Section 52(1)(a)(i) — fair dealing for private or personal use, including research — which still excludes computer programmes and is still qualified by 'private or personal use.' The overall classification remains LIGHT BLUE. The 1994 Act also made other changes (e.g., to performers' rights, broadcasting rights) but did not alter the text of Section 52(1)(a)(i).
Exceptions considered
Fair dealing with any work (not being a computer programme) for the purposes of private or personal use, including research
Fair dealing with any work (not being a computer programme) for the purposes of criticism or review
Making copies or adaptation of a computer programme by lawful possessor for the purpose for which it was supplied, or back-up copies
Reproduction of unpublished work kept in a library, museum or other institution for the purpose of research or private study
Making of not more than three copies of a book by or under the direction of the person in charge of a public library for the use of the library if such book is not available for sale in India
Original text
52. (1) The following acts shall not constitute an infringement of copyright, namely,— (a) a fair dealing with any work, not being a computer programme, for the purposes of— (i) private or personal use, including research; ... (ad) the making of copies or adaptation of a computer programme by the lawful possessor of a copy of such computer programme, from such copy— (i) in order to utilise the computer programme for the purpose for which it was supplied; or (ii) to make back-up copies purely as a temporary protection against loss, destruction or damage in order only to utilise the computer programme for the purpose for which it was supplied;
Source links
Copyright (Amendment) Act, 2012 (Act No. 27 of 2012)
Relevant update · Effective 2012-06-21
60%
Relevant section: Section 52(1)(a), Section 52(1)(i), Section 52(1)(o), Section 52(1)(n), Section 52(1)(b)
Dates: Effective 2012-06-21 · Enacted 2012-06-07
Why this score
The 2012 Amendment added an Explanation to Section 52(1)(a) clarifying that storing any work in any electronic medium for the purposes mentioned in the clause (including incidental storage of a computer programme which is not itself an infringing copy) shall not constitute infringement. This is significant because it clarifies that digital/electronic storage for fair dealing purposes (including private or personal use/research) is permitted, and that incidental storage of computer programmes in the course of such fair dealing is also permitted. However, the core structure of Section 52(1)(a)(i) remains unchanged — it is still 'fair dealing... for the purposes of private or personal use, including research.' The 'private or personal use' qualifier still restricts the user class. The 2012 Amendment also amended Section 52(1)(b) to add 'education' as a purpose for transient/incidental storage, and made various other changes to moral rights and performers' rights. The overall classification remains LIGHT BLUE because the most permissive research exception (Section 52(1)(a)(i)) is still qualified by 'private or personal use.' The electronic storage clarification is classification-neutral (storage/archiving provisions do not change the color per the rules).
Exceptions considered
Fair dealing with any work (not being a computer programme) for the purposes of private or personal use, including research; Explanation permits storing in electronic medium for these purposes including incidental storage of computer programmes
Fair dealing with any work (not being a computer programme) for the purposes of criticism or review
Making copies or adaptation of a computer programme by lawful possessor for the purpose for which it was supplied, or back-up copies
Transient or incidental storage of a work or performance for the purpose of providing electronic links, access or integration, where such links, access or integration has not been expressly prohibited by the right holder, unless the person responsible is aware or has reasonable grounds for believing that such storage is of an infringing copy
Reproduction of any unpublished work kept in a library, museum or other institution for the purpose of research or private study, or with a view to publication where the identity of the author is known and the period of copyright has expired
Storing of a work in any medium by electronic means by a non-commercial public library, for preservation if the library already possesses a non-digital copy of the work
Making of not more than three copies of a book by or under the direction of the person in charge of a public library for the use of the library if such book is not available for sale in India
Original text
52. (1) The following acts shall not constitute an infringement of copyright, namely,— (a) a fair dealing with any work, not being a computer programme, for the purposes of— (i) private or personal use, including research; (ii) criticism or review, whether of that work or of any other work; (iii) the reporting of current events and current affairs, including the reporting of a lecture delivered in public. Explanation.—The storing of any work in any electronic medium for the purposes mentioned in this clause, including the incidental storage of any computer programme which is not itself an infringing copy for the said purposes, shall not constitute infringement of copyright.
Source links
Copyright Act, 1957 (Act No. 14 of 1957, as amended up to Act No. 27 of 2012)
Current law confirmation · Effective 2012-06-21
60%
Relevant section: Section 52(1)(a)(i), Section 52(1)(a) Explanation, Section 52(1)(i), Section 52(1)(n), Section 52(1)(o), Section 52(1)(ad)
Dates: Effective 2012-06-21 · Enacted 2012-06-07
Why this score
As of 2025, the Copyright Act, 1957 as last amended by Act No. 27 of 2012 remains in force. No further amendments to Section 52 have been enacted and brought into force. The most permissive research-relevant exception remains Section 52(1)(a)(i): 'a fair dealing with any work, not being a computer programme, for the purposes of private or personal use, including research.' Analysis of the three dimensions: (1) Uses: 'fair dealing' covers any exclusive right (reproduction, communication, etc.), not just reproduction. (2) Works: covers all works except computer programmes (though the Explanation permits incidental storage of computer programmes). (3) Users: restricted to 'private or personal use' — this limits the beneficiary to individuals acting privately/personally, excluding institutional or collaborative research use. The 'private or personal use' qualifier is the binding restriction that determines the classification. Although 'fair dealing' would normally suggest GREEN (covering any use), the explicit 'private or personal' qualifier restricts the user class, making this LIGHT BLUE per the classification rules. Section 52(1)(a)(ii) (criticism or review) is GREEN on its own but is not a research exception — it covers criticism/review, not research. The non-commercial nature of 'private or personal use' is classification-neutral. No TDM-specific exception exists in Indian copyright law as of 2025.
Exceptions considered
Fair dealing with any work (not being a computer programme) for the purposes of private or personal use, including research; electronic storage permitted including incidental storage of computer programmes
Fair dealing with any work (not being a computer programme) for the purposes of criticism or review
Making copies or adaptation of a computer programme by lawful possessor for the purpose for which it was supplied, or back-up copies
Transient or incidental storage of a work or performance for the purpose of providing electronic links, access or integration, where not expressly prohibited by the right holder
Reproduction of any unpublished work kept in a library, museum or other institution for the purpose of research or private study
Storing of a work in any medium by electronic means by a non-commercial public library for preservation if the library already possesses a non-digital copy
Making of not more than three copies of a book by or under the direction of the person in charge of a public library for the use of the library if such book is not available for sale in India
Original text
52. (1) The following acts shall not constitute an infringement of copyright, namely,— (a) a fair dealing with any work, not being a computer programme, for the purposes of— (i) private or personal use, including research; (ii) criticism or review, whether of that work or of any other work; (iii) the reporting of current events and current affairs, including the reporting of a lecture delivered in public. Explanation.—The storing of any work in any electronic medium for the purposes mentioned in this clause, including the incidental storage of any computer programme which is not itself an infringing copy for the said purposes, shall not constitute infringement of copyright.